Have You Been Served With A Restraining Order?

Domestic Violence Restraining Orders

Not uncommonly a spouse or loved one will become angry, and ask the court to issue a restraining order. Domestic Violence Restraining Orders are issued pursuant to Family Law Code Section 6200. These restraining orders are issued when a person wants protection from someone they are dating (or used to date), or were (or are) married to, or have a family relationship with. Domestic Violence restraining orders can order you to not contact the person who has applied for the order, and can even order you to move out of your own house. These restraining orders last up to three years. You are entitled to notice and a hearing before a permanent restraining order is issued against you, and you absolutely need to have a domestic violence attorney present for that hearing.

Typically, you will become aware that a loved one has applied for a domestic violence restraining order against you when received a set of forms, including a DV-110 (temporary restraining order) and DV-109 (notice of hearing). When this occurs, it means that your loved one has requested a restraining order and that a judge has decided that enough information was presented in the application for the restraining order (the DV-100) to justify issuing a temporary restraining order against you. You paperwork will tell you when the hearing is, and when the deadline is to respond to the application against you. You need a domestic violence attorney to help you respond to this paperwork and to represent you at hearing. You may also want to apply for a counter-restraining order of your own.

Civil Restraining Orders

Civil restraining orders are somewhat less common and are generally filed when someone has been stalked, harassed, sexual assaulted or threatened. In those situations anyone may seek a Civil Restraining Order pursuant to California Code of Civil Procedure Section 527. Typically, you will become aware that someone has applied for a Civil Restraining Order against you when received a form, CH-120 (notice of hearing and temporary restraining order). When this occurs, it means that someone has requested a restraining order and that a judge has decided that enough information was presented in the application for the restraining order (the CH-100) to justify issuing a temporary restraining order against you. Your paperwork will tell you when the hearing is, and when the deadline is to respond to the application against you. You absolutely need a domestic violence attorney to help you respond to this paperwork and to represent you at hearing. You may also want to apply for a counter-restraining order of your own.

If you have been served with a either a domestic violence or civil restraining order, or have been arrested for violating one, contact domestic violence attorney Joseph T. Rhea immediately.

Call Joshua Tree Criminal Defense Attorney Joseph T. Rhea at (760) 327-3711 to schedule a consultation.